Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-01-11
CONGRESSIONAL RECORD
List Of Hills Insrsducea In
the Mouse-


The Senate.
WAszrNaroN, Jan. 10.--The Senate a
o'slock .. m. took up the Inter state
Commeroa bill, and Mr. Beck took the
6sor vita his speech IN favor Of ths
oonferense rspors.
On motiaR Of Dawes the HOUSE
amandmenta 20 tbe Senate bill 10 pro-
vids lands for IBdians in sexeralty. we're
non -ooncazrsd in. and oonferencs
asked
AZ 2 O'Clock, Beck hayine concluded
bis remarks on the fnteF-Stats Com
merca bill, CuIlom took the door. Me
said be would confine bis attention AZ
tbis tine 70 an explanation Of tn fourth
section, referring 90 lon and short
hanls, In respect 20 which there seemed
70 be much miaundefsiandino. This
section, be said, simply undertakes 90
lay down IN specified terms the rule o.
pFineipis which have Always contended
is already 10 effeet contained In other
provisions Of the bill. The HFsf require
ment Of the bill on 2hs s1biecf Of rates
IL found ia the fret aectio0, and IL that
al rates shall be reasonable and Just.
This is in tifsot q declaration that under
sinilaR circumstances and conditions
greater sums shall not be charged for
shorter than for longer dist ,nces, bs-
cause under sueh circumstances it woald
not Be reasonable and Just 20 make such
charge. The next reqaifemant Of the
bill that Affects the question is found in
the first mart Of the Inird section, which
forhids giving en- undae or unreasons bls
preference or advantage 70 any particu-
lar locality. This ia likewise q declsra-
a. - - -
charged for q shorter than for q longer
haul under similar circumstances ard
conditions, because such charge would
be the making OF giving OF an undue or
unreasonable preferences or advantage
to one particular locality, or would sub
iect some ether particular locality to an
undue or unreasonable prejndiee or dis
advantage. Tue Senator qaoted the
fourth section in full. "As understand
it, this section as il nov stands simply
PROHIBITS railroad corporations from
charging greater aggregate sum, not
higher rate, for q shorter than for q
longer distance ever the same line in
the same direction, and under subatan
TALLY similar cifoumstances and condi-
tions. when the shorter is izcluded
within the longer distance no other
prohibition is made. In positive tsFms
the declaration that this shall net be
construed as authorizing any common
carrier within the terms Of this act 10
charge and receive as great oompeRsa
tion for shorter as for longer dis
tance, does not In terms prshibit oharR-
ing as much for shorter a. for long
or distance, but simply withholds leQis-
Iative sanction from the making Of
such charge. This qualifying clause
negatives the references that might
bossihiy be drawn from the language Of
The section without thoss words, name
Iy, that an equal charge for q shorter
distance Is aufhoEizsd by the inference,
because only q greater charge Is prohib-
tied. The qualification, therefore,
leaves the question Of Whistler an equal
amount can be charged for a shorter dis
sance 90 be determined, or the giving Of
an unreasonable preference or advan-
taRe to any particular locality. The re-
auirsmeut Of tho fourth section then is
that between shipments of the same
Kind In the same direction over the
same line, q. d made under snbstan-
TALLY similar circumstances and
conditions, q greater sum shall
not be charged for q shorter
than for longer haul when the shorter
comprises part of the longer haul; not
that higher rate shall not be charged
per mile, bat that a greater aggregate
sam shall not De charged. The iimita-
tions placed upon the prohibition that
is made are very si Inificaut, and they
mast not be overlooked. Thty require
that in determining the sums that may
be charged for shorter, as compared
With longer distances, the requirements
must be made: LIST, between shipments
Of like kind Of property; "a. under SUB
stansiRlly similar circumstances and
conditions; 81, over the same lines; &th,
in the same direction; 9th, when the.
shorter is ineladed in the 'onger dis
tance. When the act is 30 be applied In
any given case 70 measure the charge
that may be made for any distance. as
compared with O longer distance, all
limitations must be taken into ao0ount,
and they must eli apply to the case, not
three or four Of them, bat all OF them.
The FIRST, fourth and hfth limitations
are plain enough. but the second and
third may need some explanation. As
understand them, the words ''circum-
stances and conditions" mean c0ndi-
tons that govern railway tEaffic and
circumstances under which it is trans
ported. To my mind these words are
fall Of meaning. They comprehend ali
the circumstances aad conditions that
may Justify differences IN rates, such -
competition With other roads ana water
routes, volumes and character Of busi
ness at different points. dIherence 10
terminal expenses and cost 4 service 10
each case. II the words we're the same
circumstances and conditionsl inReni-
ous railway men would De able b. show
that circumstances and conditions we're
never exactly the zane Ia any two esses,
and they might also be able 30 show
that they we're net similar, II that was
the word uszd, bot WsFds aGostan-
tally similar tmpaFs enouQh iati-
tudo 10 the comparison -
enable the courts 70 exercise
sound discretion and common sense In
passing upou the eases that may arise
40 far ae eny one railway cempany is
concerned. Therefore, the sum which
Il nav charge for 9 hanl from one end
Of ia road 10 the osher end bscomes tie
mailman amoanf 10 can charge for any
shorter haui over that read N the same
direction aud under similar cifoam-
stances and conditions, when the short
er distance il incladea within the lonR-
eF, bat the question that seems 20 tFon-
ble those whs obiset 10 the section as u
stands u whether the maximum thus
hxed is the amount which the railway
company charges upon shipments orig
mating at and destined 70 points upon
its own line, or WHISTLER the maximam
d that which ts accepts a. its share OF
the thfeugh rata upsn shipments passisR
over iss road, which originals 81 OF are
de- tined % points up q another rosa.
Is seems eleaF 70 me that thefe can oe
bat one answer 10 that qaesti0a- In TIE
hrst place, she measure Of charge thaf
may be made fer shs shorter dissRnse
u me sam thai is charged for tbs long
eF distance over tbs sane line and under
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